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HIGH COURT OF KERALA
Ziyad Rahman A. A, J
MOHAMMED FATHAH T.F – Appellant
Versus
VICE CHANCELLOR – Respondent
WP(C) 27323/2024
Admission - Writ Petition - Act Section List - The court addressed the procedural aspects of admission under the All India Merit quota, emphasizing the importance of timely fee payment and the implications of technical issues on the admission process.
Fact of the Case:
The petitioner sought admission to a B.Tech program but faced issues with fee payment due to a technical snag, leading to a writ petition for relief and admission.
Finding of the Court:
The court allowed the petitioner to participate in subsequent admission processes, affirming that the interim orders were made absolute as the petitioner secured admission.
Issues: Whether the petitioner should be granted admission despite the failure to pay fees due to alleged technical issues.
Ratio Decidendi: The court held that the petitioner should be given an opportunity to secure admission, highlighting the need for fairness in the admission process.
Final Decision: The writ petition was disposed of, making interim orders absolute as the petitioner secured admission.
JUDGMENT
The petitioner is an applicant for admission to B.Tech (Safety & Fire) program conducted by the 2nd respondent University. In the common admission entrance test conducted by the 2nd respondent University in this regard for the year 2024-25, the petitioner was included in the rank list as rank No.1044. Thereafter he was allotted with a seat under All India Merit quota under MSM category. However, according to the petitioner, he could not remit the fees on account of certain technical snag in the system and therefore, he could not get the admission consequent to his allotment. The writ petition was submitted by the petitioner in such circumstances seeking the following reliefs:
“i) Issue a Writ of Mandamus or any other appropriate Writ, direction or order directing the respondents to admit the petitioner for the BTech Safety & Fire program and direct the respondent to grand him an opportunity to pay him fees according to the merit in the rank list;
ii) Issue a Writ of Mandamus or any other appropriate Writ direction or order declaring that the petitioner is eligible to be appointed in the BTech safety and fire program and permit him to remit the fees in BTech fire and safety all India merit;
iii) Issue a Writ of Mandamus or any other appropriate Writ, direction or order directing the 1st respondent to consider and pass orders on Exhibit P6 representation after giving an opportunity to be heard to the petitioner;
iv) Issue an order or direction to dispense with the English translation of the vernacular languages in the Exhibits produced herein;
v) Issue ouch other Writ, direction or order as this Hon'ble Court may deem fit and proper on the facts and in the circumstances of the case and allow this Writ Petition with all costs.”
2. A counter affidavit has been placed on record by the University, wherein they have stoutly denied the averment of the petitioner that, there was technical error which disabled the petitioner from making payment of fees. It was pointed out that, according to them, there was default on the part of the petitioner in making the payment. Earlier, when the matter came up for admission, this Court passed an interim order on 02.08.2024, which reads as follows:
“The learned Standing Counsel seeks time to file a statement in response to the averments made in the writ petition. However, it is an admitted position that, a spot admission is scheduled on 07.08.2024. Considering the fact that, the petitioner is already allotted with the seat but he could not secure the same as the fees was not paid, I am of the view that, an opportunity can be granted to the petitioner without prejudice to the contentions raised by the respondents in this regard.
Therefore, there shall be an interim order permitting the petitioner to participate in the spot admission to be conducted on 07.08.2024 and the respondents shall consider the merits of the petitioner, irrespective of the fact that, the earlier allotment provided to him did not materialize, for want of payment of fees. This shall be provisional and subject to further orders to be passed.”
Subsequently, the said interim order was modified in view of the fact that, the spot admission proposed to be conducted on 07.08.2024 was cancelled. Therefore, further interim order was passed on 12.08.2024, which reads as follows:
“When this writ petition came up for consideration on 02.08.2024 an interim order was passed by this Court, permitting the petitioner to participate in the spot admission to be conducted on 07.08.2024. Today, when the matter came up for consideration, the learned counsel for the petitioner submitted that, that spot admission proposed to be conducted on 07.08.2024 did not take place as the same was cancelled. The learned Standing Counsel for the University now submitted that they are proposing to conduct a real time admission on 14.08.2024. In such circumstances, the interim order passed by this Court on 02.08.2024 shall stand modified, permitting the petitioner to pa
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